Question
Brandy hires Arthur to paint the exterior of her rental property a specific shade of green, for $5,000. A $2,500 deposit is due immediately, with
Brandy hires Arthur to paint the exterior of her rental property a specific shade of green, for $5,000. A $2,500 deposit is due immediately, with the remainder due upon completion of the project. Arthur agrees to finish the project in two weeks. Brandy paid the deposit; Arthur procured supplies and labor and began work.
At the end of the two weeks, Brandy visits the property and discovers that it has been painted the wrong shade of green. Brandy refuses to pay Arthur the remaining $2,500. She obtains quotes of about $5,000 from other painters to repaint the property in the correct shade.
What factors would a court consider to determine whether or not Arthur's breach rises to the level of a material breach?
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